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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to know if it is worth my time in pursuing

Customer Question

Hello
I would like to know if it is worth my time in pursuing my ex husband for a share of his military pension. When we divorced over twenty years ago the solicitor I was using at the time was sacked for incompetence and my request for a share of his pension was not presented in court. Due to complications at the time ie; moving due to house and job loss, I feel now that I was misinformed as to my rights - but as I was on my own and not legally skilled I accepted what I was told. I am now a pensioner and would appreciate a share of his pension as I supported him - mainly overseas - for 23 years. Thank you in anticipation
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.When was the Decree Absolute?
Customer: replied 1 year ago.
It may sound stupid but I have no idea as I never received any paperwork despite asking. I believe it was 1995 and the information may be registered in Poole....I never gor to the bottom of it and as I have no intention of ever getting married again I'm afraid, until recently, i haven't given it much thought - sorry
Expert:  Clare replied 1 year ago.
Were there any capital assets that were divided between you
Customer: replied 1 year ago.
Only some savings as we lost over 20k selling our home. I had a little over half the savings as I still had my daughter living with me - I also kept most of the furniture as he had moved in with someone else. I started my divorce proceedings with a solicitor in Derby and only found out that she had been dismissed for incompetence when I contacted them as I had not heard anything for a long time. By this time I was living in rented accommodation in Dorset. I found out that the divorce had been submitted but my request for a share of my husbands military pension had not been mentioned. When I contacted the solicitors practice I spoke to a very angry person who claimed that it had all been sorted out - and also that I would have to go to the court in Poole to get my divorce papers - when I did that, Poole claimed to know nothing about it. My ex has since remarried so I assume we are divorced!!
Customer: replied 1 year ago.
Happy to pursue divorce papers - do I write to the court in Poole?
Expert:  Clare replied 1 year ago.
Was there a financial order sealed by the Court?
Customer: replied 1 year ago.
No idea sorry
Expert:  Clare replied 1 year ago.
When the savings were shared out was there any argument over that that the court had to decide on?
Customer: replied 1 year ago.
We had basically sorted out all our belongings without legal intervention. The only thing I wanted was the divorce and a share of his Army pension having supported him for the whole of his military career - mainly overseas. He retired as a Warrant Officer so had a good pension.
Customer: replied 1 year ago.
I also approached a Barrister at the time to ask if it was worth pursuing this pension share - he thought I had a 50/50 chance but, having poor finances at the time I could not risk the expense if I lost
Customer: replied 1 year ago.
Hello Clare I am going out this evening so will be signing off shortly.
Expert:  Clare replied 1 year ago.
May I just check - you have have not remarried at all?
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No I live with my partner but I am not married
Expert:  Clare replied 1 year ago.
What is your joint financial position in terms of assets and income?
Customer: replied 1 year ago.
Hello Clare, sorry for the delay in replying - busy day.
Regarding my financial position, even though I live with a partner I am financially independent. My income consists of a State Pension and two work pensions totalling £1192 after tax. I share living expenses with my partner which takes up half my income. I live in his house but own a studio flat in Tenerife which is valued at around £70,000. I have owned this flat for around 13 years and it cost £40.000 when purchased. I do not rent this property out, it is purely for our use - and also family and friends on occasion. I also own a 59 Reg Smart Car which I maintain myself.
Expert:  Clare replied 1 year ago.
What do you know about your ex's financial position?
Customer: replied 1 year ago.
Not a lot really - he remarried some years ago and worked in the middle east for many years (tax free). He returned to the UK last year and bought a house in Southampton. He works part time, his wife who is many years younger than him, also works. I would assume he is comfortable financially as he has worked overseas continually since leaving the Amy
Expert:  Clare replied 1 year ago.
At the time that you were divorced it was not possible for a Pension Sharing Order to be made.The only way of dealing with it was to give extra capital - or to earmark part of the pension to be paid to you.This is still the position so far as your case is concerned.Since there has never been a final Financial Order and you have not remarried you can still make an applictaion to the court within the divorce proceedings to receive a share of the pension by way of spouse maintenance or an earmarking order allowing some of the money to be paid directly to you.However the long wait to take action will count against you - which does not mean that it will not succeed.The starting point is to arrange to discuss matters with your ex using Family mediationwww.familymediatinhelpline.co.ukIf it fails you can then apply to the courtPlease ask if you need further details
Customer: replied 1 year ago.
Thank you for your advice Clare will now have a think about taking this forward. Much appreciated.
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well

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